Amendment - List of Specimens Taken to be Suitable for Live Import (31/01/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This Act addresses the gap in the regulatory framework concerning the import of live specimens, ensuring that only those species listed as suitable for live import can be brought into Australia. The EPBC Act was enacted by the Parliament of Australia, with the aim of preserving and enhancing the nation's biodiversity. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of specimens suitable for live import to include the Red-Fronted Macaw (Ara rubrogenys) in Part 2, subject to the conditions of microchipping and provision of a DNA sample. This amendment was made in response to an application from Priam Australia Pty Ltd and follows an assessment report that was published and subject to public consultation, with no negative comments received.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates the import of live specimens into Australia, specifying that a live specimen can be imported only if it is listed as suitable for live import. This list, established under section 303EB of the EPBC Act, is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 comprises species that require a permit for importation. The recent amendment to this list, introduced through legislative instrument F2005L00258, adds the Red-Fronted Macaw (Ara rubrogenys) to Part 2, allowing for its import with specific conditions. These conditions require that specimens must be micro-chipped and that a DNA sample be provided to the Australian Government upon request. The purpose of this amendment is to facilitate conservation breeding activities within Australia. The amendment was initiated by an application from Priam Australia Pty Ltd under section 303EE of the EPBC Act and followed an assessment report, the outcomes of which were published and subject to public consultation with no negative feedback. This legislative instrument, governed by the Legislative Instruments Act 2003, commenced on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes provisions for the import of live specimens, which are regulated under sections 303EB to 303EF. These sections establish a list of specimens suitable for live import, divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 includes species that require a permit for importation. The recent legislative amendment, F2005L00258, adds the Red-Fronted Macaw (Ara rubrogenys) to Part 2, subject to specific conditions. The conditions are that the specimens must be micro-chipped and that a DNA sample be provided to the Australian Government upon request. This addition allows the Minister or their delegate to issue permits for the importation of live specimens of this species into Australia, primarily for conservation breeding purposes. The obligations imposed by the EPBC Act on entities involved in the import of live specimens include ensuring that any imported specimens are listed in the appropriate part of the list of specimens suitable for live import. For species listed in Part 2, such as the Red-Fronted Macaw, entities must comply with any conditions attached to the listing, such as micro-chipping and providing DNA samples. The Act also mandates that the Minister or their delegate issues import permits and that the process includes a thorough assessment to determine whether a species should be added to the list. The amendment process involves publishing an assessment report and seeking comments from relevant stakeholders, including State and Territory Ministers for the Environment and the Australian Minister for Agriculture, Fisheries and Forestry. Violations of the EPBC Act, including unauthorised importation of live specimens or failure to comply with conditions attached to a listing, may result in civil or criminal penalties. The specific offences, penalties, or consequences for breach are not detailed in the explanatory statement, but generally, the Act provides for substantial fines and potential imprisonment for serious breaches. The maximum penalties for contravening the EPBC Act can vary depending on the nature and severity of the offence, with higher penalties typically applicable for breaches that cause significant harm to the environment or biodiversity. The enforcement of these penalties ensures compliance with the Act's provisions for the protection of biodiversity and the environment.